Civil/Commercial Litigation (Lawsuits)/Emergency Child custody



My fiance has joint custody of his three girls.  The custody, visitation, and child support were all modified and updated in court as of last month.  Their mother shows as the primary physical custodian in the paperwork.  It also states that she is required to provide a safe and stable home for them free of emotional or physical distress.  They have sustained several injuries as well as almost constant sickness due to neglect and lack of supervision while in her care.  This past weekend when he picked them up for his scheduled bi weekly visitation all 3 had severe strep throat where they had not been seen by a doctor at onset, in addition she said we need to keep the girls until further notice because she could not care for them right now, she had no home etc.  I called my local district clerk and they said that because it is part of a divorce agreement that was handled in circuit court that they could not override it.  I called the circuit court clerk and they advised that we would either need another attorney to file for emergency custody unless we could file the correct paperwork on our own behalf.  We just spent over 3k fighting her on this last order we simply don't have the funds to retain another attorney right now and we are being told that we cannot enroll them in school, apply for medical cars, or foodstamps for them because he is not listed as the primary physical custodian.  Can you please tell me if there is any way to get the correct format of what should be filed in this county/state for this anywhere online or if there are any other options we could.should consider pertaining to this predicament that we are in here?  We have no address for the mother and the phone number we have for her is a hit or miss kinda thing she only responds when she feels like it.  In addition she has a pending felony trial in another county for identity theft and harassing communications as well.  We need help so we can give these girls the stability they so desperately need and deserve.  Any info you could offer would be greatly appreciated.

Thank you in advance,
Whitley county, Kentucky

Hello Sara,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I am saddened to hear of the plight of those children and applaud your efforts to help them.

I do not practice law in your state and I feel it would be improper to provide specific legal services in this forum.  I suggest that you inquire at your local courthouse and state bar association to see if you can get a list of attorneys who can help you for free or for a reduced fee.  Further, you may have some success reporting the abuse/neglect to your district attorney for potential criminal action by the government.  Given the pendency of the mom's felony, it is likely that the district may be helpful to the dad getting temporary custody.  Another good option to consider would be to contact your state/county child protection services department.  Again, in consideration of the mom's criminal charges along with the substantial medical evidence of neglect, that may afford you some help.

I hope this helps, good luck to you.

Morgan Smith
Minneapolis, Minnesota
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Morgan Smith


Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.


I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at:

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